As we celebrate International Women’s Day 2025, it is apposite to examine Sexual Harassment, an evil that mostly women have been subjected to from time immemorial. It had hitherto been an unpleasant societal feature in Nigeria, but recent statistics have shown that it is on the rise, and now more pervasive in almost every strata of the society. Ugly incidents in secondary and tertiary educational institutions, work places, especially in high paying organisations, have also had their fair share of this malaise. Now, it does appear as if it has crept into the political stratum of our society. What are the causes? How endemic has it become? What is the panacea? Boma Alabi, SAN, Adesegun Talabi and Mandy Demechi-Asagba take a deep look at the issue, and suggest ways sexual harassment can be curtailed, including how to face the legal challenge of being difficult to prove
Sexual Harassment: The Growing Scourge in Nigeria
Boma Alabi, SAN
Sexual harassment in the work place is very common in Nigeria, and we cannot pretend it is not the case. I actually developed a strategy paper for young female colleagues titled “Potholes on the Road to the Top”. Why the title, you might ask? It is simply because sexual harassment in the workplace, is as ubiquitous as the Potholes on our roads. Women rather unfairly, have to learn to navigate the pothole of sexual harassment in the workplace, avoid the predators, whilst still maintaining the course and completing their career journey.
Speaking specifically on the Senator Natasha issue, I was saddened by the spectacle in the Senate. The first principle of fair hearing and justice is captured in the Latin phrase, “audi alteram partem”. No man or woman should be condemned, unheard. Secondly, the sanction did not take into consideration the right of her constituents to representation. How do you render an entire constituency voiceless and unrepresented, for six months?
Mrs Boma Alabi, SAN, former President, Commonwealth Lawyers Association; current Chair of Nigerian Bar Association’s Section on Legal Practice
How Not to Sexually Harass: A Look at Nigeria’s Legal and Social Framework
Adesegun Talabi
Nothing has dominated the headlines in recent weeks, than the imbroglio surrounding allegations of sexual harassment levelled by Kogi Central Senator, Natasha Akpoti-Uduaghan, against the Senate President, Godswill Akpabio. The dispute has escalated rapidly since its inception, culminating most recently with the dismissal of the petition presented by the Kogi Senator, and her subsequent suspension from the Senate for six months. The matter has drawn widespread commentary on the veracity of her claims, and the appropriateness of her decision to make them public during a live television broadcast. Notably, Akpoti-Uduaghan has received little support from her colleagues, including female Senators, some of whom have openly criticised her.
This article does not seek to determine the veracity of the Senator’s claims. Rather, it aims to examine how Nigerian laws address sexual harassment and protect men, women, and children from such inappropriate and unwarranted conduct. It is imperative to acknowledge that sexual harassment transcends gender, affecting both men and women, and addressing it demands a nuanced and impartial approach.
Legal Framework Governing Sexual Harassment in Nigeria
Nigeria has several laws, that address sexual harassment. While it may be argued that the constitutional guarantee of respect for personal dignity under Section 34 of the 1999 Constitution implicitly includes freedom from all forms of harassment, more explicit provisions on sexual harassment can be found in the Violence Against Persons (Prohibition) Act (VAPP) of 2015. The Act defines sexual harassment as:
“Unwanted conduct of a sexual nature or other conduct based on sex or gender which is persistent or serious and demeans, humiliates or creates a hostile or intimidating environment. This may include physical, verbal, or non-verbal conduct”.
This definition is relatively broad, encompassing various forms of harassment, including gestures, words, and actions. However, one may question whether it is sufficiently comprehensive. For example, it does not explicitly address quid pro quo harassment, where benefits such as promotions, employment opportunities, or academic grades are contingent upon the submission to sexual advances. The absence of a clear provision on this specific aspect, leaves room for ambiguity in its application.
The law permits individuals who have experienced sexual violence, to seek protective orders against their alleged perpetrators. These protective orders may prohibit the alleged offender from entering the complainant’s workplace or residence, and from engaging in any further acts of domestic violence against them. However, these legal remedies are primarily designed to protect victims of domestic violence, and may not be accessible to individuals who have experienced sexual harassment but do not share a domestic residence with the alleged offender.
Sexual Harassment in the Workplace
A particularly concerning issue, is workplace sexual harassment. Surprisingly, the Labour Act of 2004, which is the principal legislation governing employment relations in Nigeria, is silent on the subject. As a result, victims of workplace harassment must rely on the VAPP Act for legal redress. However, some clarity can be found in the National Industrial Court Rules. Under Order 14, workplace sexual harassment is categorised into four broad types:
Physical Harassment: Unwanted touching or any form of physical contact.
Verbal Harassment: Innuendos, suggestive remarks, explicit jokes, or unwelcome sexual advances.
Non-verbal Harassment: Indecent exposure, inappropriate gestures, or the display of sexually explicit materials.
Quid Pro Quo Harassment: The coercion of employees into engaging in sexual acts in exchange for professional benefits such as promotions, salary increases, or job retention.
This broad classification offers a more nuanced understanding of sexual harassment, particularly in the workplace. Comparatively, jurisdictions such as the United States and the United Kingdom have well-defined sexual harassment laws that explicitly address workplace misconduct, ensuring clear protections and remedies for victims. In Nigeria, the lack of a dedicated workplace sexual harassment law, underscores the need for urgent legislative reforms to bridge these gaps.
Sector-Specific Gaps in Nigerian Law
Beyond the workplace, there are no sector-specific laws addressing sexual harassment in other spheres, such as educational institutions or public spaces. Since 2016, the National Assembly has been considering a Bill to prohibit sexual harassment of students by educators in tertiary institutions. The Bill, while commendable, is limited in scope as it does not extend to secondary schools, where students are also vulnerable to harassment. Additionally, it fails to acknowledge that sexual harassment can be perpetrated by students against their educators. Any legal framework that seeks to regulate interactions between two groups must be balanced, ensuring that protections are extended to all parties involved.
The Bill does, however, propose strict penalties and authorises both institutional and State-level disciplinary measures against offenders. If passed, it would represent a significant step towards institutional accountability, even though its limited scope remains a concern.
Addressing False Allegations and Retaliatory Actions
The case involving the Senate President and Senator Akpoti-Uduaghan raises critical legal and ethical questions, about the handling of sexual harassment allegations. While Akpabio has denied the allegations and enjoys strong support from his colleagues, a pertinent issue remains unaddressed: what legal consequences exist for individuals found to have made false accusations? Sexual harassment allegations, even if unfounded, can nonetheless have devastating repercussions on the accused, including reputational damage, career derailment, and social ostracisation. There have been cases where individuals were exonerated after being falsely accused, yet Nigerian law lacks clear provisions for penalties against the accuser in such instances. Worse still, there is no provision for compensation for the victim of such false allegations.
Similarly, there is little legal protection for accusers who face retaliation, after coming forward. In Akpoti-Uduaghan’s case, she has been met with hostility, ridicule, and professional isolation – not to mention being suspended from work. Keep in mind that there is nothing at this point that indicates that her allegations are false and yet, she is already at the receiving end of a relentless backlash. This serves as a stark reminder of the societal and institutional challenges, that discourage victims from speaking out. To encourage victims to report sexual harassment without fear, there must be legal mechanisms that safeguard whistleblowers from retribution.
The Role of Employers in Preventing Sexual Harassment
Given the gaps in existing laws, employers have a crucial role to play in establishing clear policies to combat workplace sexual harassment. Organisations such as religious houses, social groups etc., should implement strict anti-harassment policies, establish confidential reporting channels, and conduct regular training programmes to educate members and employees on appropriate workplace behaviour. Additionally, independent oversight bodies should be established to handle harassment complaints impartially, ensuring that neither victims nor accused individuals are unjustly penalised.
The Future of the Akpoti-Uduaghan and Akpabio Case
As the controversy surrounding the Senate President and the Kogi Central Senator continues to unfold, the outcome will likely be determined more by political manoeuvring than by legal scrutiny. Given the Senate’s apparent solidarity with Akpabio, it is unlikely that Akpoti-Uduaghan’s allegations will be given serious consideration within the legislative body. Her suspension underscores the entrenched power dynamics at play, and raises concerns about the effectiveness of Nigeria’s legal system in handling high-profile cases of sexual harassment.
Ultimately, Nigeria must do more to strengthen its legal framework on sexual harassment. Comprehensive reforms are needed to provide clarity on workplace misconduct, expand protection to students in all educational institutions, and establish safeguards for both accusers and the accused. Until these issues are adequately addressed, victims will continue to face significant barriers to justice, and perpetrators may remain emboldened by a culture of impunity.
Adesegun Talabi! Legal Practitioner, Lagos
Sexual Harassment: A Pervasive Scourge Across Sectors
Mandy Demechi-Asagba
The recent scandal involving Nigerian Senator Elisha Abbo and a nursing mother, as well as the allegations against Senator Godswill Akpabio by a former aide, Natasha Akpoti, have once again brought the issue of sexual harassment to the forefront of public discourse. However, sexual harassment is not limited to the political sphere; it is a pervasive problem that affects various sectors, including schools, workplaces, churches, and more.
Defining Sexual Harassment
“Sexual harassment is any unwelcome or uninvited behaviour of a sexual nature, that makes a person feel uncomfortable, intimidated, or threatened. It can take many forms, including verbal comments, physical contact, gestures, and written or electronic communication.”
Legal Protection
Sexual harassment is a serious issue in Nigeria, violating the fundamental human rights of victims as enshrined in the supreme law of our Country Nigeria, particularly the right to dignity of human person (Section 34) and the right to freedom from discrimination (Section 42) of the 1999 Constitution (As Amended) and also in the Maputo Protocol, The African Charter on Human and People’s Rights, the Universal Declaration on Human Rights UDHR, Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) 1979 and others.
Relevant Laws
The Constitution of Nigeria: The most powerful legal instrument in Nigeria, the supreme law of the land, which directly or indirectly condemns sexual harassment and other forms of sexual violence- see Chapter IV of the Constitution dealing with Fundamental Human Rights
– The Criminal Code: Applicable in Southern Nigeria, criminalises sexual harassment with provisions in Section 351-361.
– The Penal Code: Applicable in Northern Nigeria, refers to sexual harassment as indecent assault, with provisions in Section 281, 282, and 285.
– State Criminal Laws: Some States, like Kano and Lagos, have enacted unique laws criminalising sexual harassment.
– The Violence Against Persons (Prohibition) Act 2015 (VAPP Act): Defines sexual harassment and prescribes punishment.
– The Lagos State Prohibition Against Domestic Violence Law 2007: Defines sexual abuse and provides protection for victims.
– The Ekiti State Gender-Based Violence (Prohibition) Law 2019: Defines sexual harassment and provides protection for victims.
Prevalence of Sexual Harassment
Sexual harassment is a widespread problem that affects people of all ages, backgrounds, and professions. According to a 2019 survey by the Nigerian Women’s Trust Fund, 60% of women in Nigeria have experienced some form of sexual harassment. Similarly, a 2020 report by the International Labour Organisation (ILO) found that 35% of women worldwide, have experienced some form of sexual harassment at work.
A study in the Nigerian legal sector, found a 64% prevalence rate of sexual harassment. Another study in Lagos State, reported an even higher prevalence rate of 74%.
Sexual Harassment in Schools
Sexual harassment is a significant problem in schools, where students are vulnerable to abuse by teachers, administrators, and fellow students. A 2018 report by the Ministry of Education found that, 20% of students in Nigerian schools had experienced some form of sexual harassment. The report also found that most cases of sexual harassment in schools go unreported, due to fear of retaliation, stigma, shame and being disbelieved.
A recent report found that at least 63% of female students in Nigerian universities, experience sexual harassment from staff and fellow students. The report, based on a survey of 12 universities, highlights the pervasive nature of sexual harassment in Nigerian tertiary institutions. The survey’s findings indicate that, sexual harassment has detrimental effects on students’ educational experiences and psychological well-being. Despite these alarming statistics, an anti-harassment Bill drafted in 2019 remains pending, awaiting Presidential assent to become law. The report’s launch was accompanied by a national summit on sexual harassment in tertiary education institutions in Abuja.
Sexual Harassment in the Workplace
Sexual harassment is also a pervasive problem in the workplace, where employees may be subjected to unwelcome advances, comments, or gestures by colleagues or supervisors. A 2019 survey by the Nigerian Employers’ Consultative Association (NECA) found that 30% of employees in Nigeria had experienced some form of sexual harassment at work.
Research by STER found that 64% of respondents (mostly young, female, and unmarried), experienced sexual harassment in the workplace.
The majority of victims were aged 18-30, worked in large organisations, and were in formal employment for 12 months or more.
– Reports at African Women Lawyers Association (AWLA) Secretariat reveal a 20% increase in sexual harassment cases at the workplace, compared to previous years.
Research found that most cases of sexual harassment in the workplace go unreported, due to fear of retaliation or stigma.
Employer Responsibility
Employers have a legal responsibility to prevent harassment in the workplace, and can be held vicariously liable for sexual harassment committed by their employees.
Proving Sexual Harassment
To prove sexual harassment, victims must provide evidence that:
– The conduct is connected to sex or gender.
– The conduct is severe or pervasive.
– The behaviour is unwelcome, persistent, uncomfortable, intimidating, or hostile.
– The party being sued is liable for the harassment.
Sexual Harassment in Politics
The recent scandal involving Senator Elisha Abbo and the allegations against Senator Godswill Akpabio by Senator Natasha Akpoti, are just a few examples of the pervasive problem of sexual harassment in politics. Women in politics often face significant barriers, including sexism, misogyny, and sexual harassment. A 2020 report by the National Democratic Institute (NDI) found that 70% of women in politics worldwide, had experienced some form of sexual harassment.
Women in politics face numerous barriers, including sexism, misogyny, and sexual harassment, which can have severe consequences. Reporting incidents of harassment often draws negative attention, leading to the blame game, condemnation, intimidation, victimisation, and oppression. It takes a bold, confident, and courageous woman to report sexual harassment or abuse, due to the associated stigma.
The 6 months suspension of Senator Natasha Akpoti is a concerning development, as it may be perceived as an attempt to silence women. This incident highlights the urgent need to address the significant underrepresentation of women in Government. Despite making up nearly half of Nigeria’s population, women hold less than 10% of National Assembly positions.
To achieve balance and effectiveness in government, it is essential to emphasise the importance of women’s representation. However, women face significant barriers to leadership, including limited funding, lack of support, and restrictive cultural expectations. These obstacles hinder women’s ability to participate in critical policy discussions, perpetuating a significant gender gap in decision-making roles.
Key Barriers to Women’s Leadership
– Limited Funding: Women often struggle to access financial resources to support their political campaigns.
– Lack of Support: Women may face limited support from their parties, colleagues, and constituents.
– Restrictive Cultural Expectations: Societal norms and expectations, can limit women’s ability to pursue leadership roles.
This is a clarion call to accelerate action, in women economic and political empowerment.
Sexual Harassment in the Church
Sexual harassment is also a problem in the church, where members may be subjected to unwelcome advances, comments, or gestures by clergy or fellow members. A 2019 report by the Nigerian Christian Association found that 25% of church members in Nigeria had experienced some form of sexual harassment. The report also found that most cases of sexual harassment in the church go unreported, due to fear of retaliation or stigma.
Alarming Statistics
A 2019 report by the Nigerian Christian Association revealed disturbing statistics:
Several high-profile cases have highlighted the issue of sexual harassment in the worship centres
– In 2018, a Nigerian Pastor was accused of raping a 16-year-old girl in his church.
– In 2020, a Catholic Priest in the United States was sued for allegedly sexually harassing a female Parishioner.
– In 2023, Muslim cleric was convicted for sexually assaulting a minor in the Mosque. See The State of Lagos v Abdulsalam Salaudeen
– Several other cases of clerics sexually harassing and assaulting minors at the Arabic Classes and at the Sunday school and choir lessons in church.
Factors Contributing to the Problem
Several factors contribute to the prevalence of sexual harassment in the worship centres:-
– Power Imbalance: Clergy and church leaders often hold positions of authority, making it difficult for victims to speak out.
– Lack of Reporting Mechanisms: Many churches lack clear policies and procedures, for reporting and addressing sexual harassment.
– Culture of Silence: The church’s emphasis on forgiveness and reconciliation, can sometimes be misused to silence victims and downplay the severity of the harassment.
Culture of Silence
A staggering culture of silence surrounds sexual harassment, with over 80% of respondents citing fear of stigma, lack of support, and power imbalances as reasons for underreporting. Victims often fear retaliation, shame, or being disbelieved, leading to a lack of reporting and a culture of silence. Many victims are unaware of where to report incidents or seek help, and often lack support from friends, family, and professionals. The report recommends establishing gender centres, helplines, and counselling services to support victims, as well as implementing zero-tolerance policies and severe disciplinary actions against perpetrators. Ultimately, institutions must ensure transparency, accountability, and thorough investigations into sexual harassment complaints, to create a safer and more supportive environment.
Delay in Legislation
The Nigerian Senate proposed legislation in 2019 to address the growing number of sexual harassment cases in higher educational institutions, aiming to prevent, prohibit, and redress such incidents. The proposed Bill – The Sexual Harassment in Tertiary Educational Institutions Prevention, Prohibition and Redressal Bill 2019 which prescribes 14 years’ imprisonment for academics found guilty of sexual misconduct, was passed by the Senate, but yet to be signed into law by the President. Despite assurances of support from President Bola Tinubu’s aide, the Bill remains stalled, having awaited Presidential assent for over four years, including during former President Muhammadu Buhari’s term.
Civil society organisations have condemned the prolonged delay in passing the Sexual Harassment Bill, stating that it perpetuates a culture of impunity, and worsens the problem in universities and other institutions of learning.
Conclusion
Sexual harassment is a pervasive problem that affects people of all ages, backgrounds, and professions. It is a problem that requires a holistic approach, involving governments, institutions, and individuals. We must work together to create a culture of respect, empathy, and zero tolerance for sexual harassment. We must also ensure that victims of sexual harassment have access to support, justice, and compensation. To this end AWLA offers pro bono services to victims of sexual harassment/assault, discrimination and abuse generally. We invite your collaboration and partnership, to fight this scourge plaguing our communities.
Recommendations to Prevent and Address Sexual Harassment
# I. Legal Framework
1. Enact and Enforce Anti-Sexual Harassment Laws: Governments should establish and enforce laws that prohibit sexual harassment, and provide adequate penalties for perpetrators.
# II. Institutional Policies and Procedures
2. Develop and Implement Anti-Sexual Harassment Policies: Institutions should create and enforce policies and procedures
3. Establish Anonymous Reporting Mechanisms: Allow individuals to report incidents without fear of retaliation.
4. Protect Whistleblowers: Safeguard individuals who come forward with allegations from intimidation or retaliation.
# III. Education and Training
5. Educate Individuals on Boundaries and Consent: Educate individuals on the importance of respecting boundaries and consent.
6. Provide Regular Training and Sensitisation: Offer ongoing training and sensitisation programs for lawmakers, staff, and employees on sexual harassment, its effects, and the importance of maintaining a respectful workplace.
# IV. Support Services and Reporting Mechanisms
7. Provide Support Services for Victims: Offer access to counselling, medical care, and other support services for victims of sexual harassment.
8. Establish Designated Reporting Channels: Create designated reporting channels for sexual harassment incidents, including online platforms and dedicated phone lines.
# V. Accountability and Review
9. Establish Clear Punitive Measures: Develop consequences for offenders.
10. Conduct Independent Investigations: Ensure that investigations are impartial and thorough.
11. Ensure the investigations meet international human rights standard standards, and verifies the validity of past and recent allegations which should prioritise accountability for wrongdoing and take false claims seriously, as they can undermine genuine harassment cases
12. Require Annual Reporting and Review: Mandate annual reporting and review of sexual harassment incidents, investigations, and outcomes to identify areas for improvement and ensure accountability.
13. Develop and Disseminate Clear Policies and Procedures: Create and share clear policies and procedures for reporting, investigating, and addressing sexual harassment incidents.
Mrs Mandy Demechi-Asagba, President, African Women Lawyers Association (AWLA)
Culled from This Day
